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Court Notices published in Govt. Gazette No. 20,370 of 20th March 2020

Date Icon 20/03/2020

Notice 410

410

By means of a decree given by the Civil Court First Hall on the 30th January, 2020, in the records of the Sworn Application in the names BNF Bank plc previously Banif Bank (Malta) plc vs Vassallo Joseph, Application Number 895/19 FDP, the following publication was ordered for the purpose of the respondent Joseph Vassallo, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court First Hall, in the Records of the Judicial Letter issued in terms of article 166A of Cap. 12 of the Laws of Malta, with number 244/2013, in the names BNF Bank plc previously Banif Bank (Malta) plc (C 41030) vs Joseph Vassallo (ID 160081M) on the 19th September, 2019, the applicant BNF Bank plc previously Banif Bank (Malta) plc respectfully pleaded:

That by means of the judicial letter abovementioned, which became excutive on the 16th September, 2013, the respondent Joseph Vassallo was declared a debtor of the interpellant company in the amount of €16,781.17 besides charges and bank fees, inerests and costs.

That the debt of the respondent has not been settled.

That whereas there passed more than five years from the day when the interpellant company was in a position to execute this title and also that a balance is still due, the interpellant company is filing this humble application in terms of Article 258(c) of Cap. 12 of the Laws of Malta.

Thus the interpellant company humbly prays this Honourable Court to authorise and order that its title against the respondent be extended so that it will be in a position to execute the same title and issue the opportune executive warrants and this under those modalitities and provisions this Honourable Court deems fit and opportune.

The Sworn Application in the names BNF Bank plc previously Banif Bank (Malta) plc vs Vassallo Joseph, Application Number 895/19 FDP, has been put off for hearing to the 14th May, 2020, at 9.15 a.m.

Respondent:

33, Ix-Xatt ta' Tigne, Tas-Sliema

496, Triq it-Turisti, Il-Qawra

ADV. FRANK PORTRELLI, LLD

For the Registrar, Civil Courts and Tribunals

16 March 2020

Bann for Curators

411

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 19th December, 2019, following a request by Philip Caruana it was ordered that deputy curators be chosen to represent  the unknown owners in the acts of the schedule of deposit number 2385/2019 in the names Philip Caruana vs Director of Lands and Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent  filed in the First Hall of the Civil Court, in the names Philip Caruana, pensioner, son of the late Paul Caruana and Elvira nee Cassar, born and resided in Ħaż-Żebbuġ, Malta (ID 0591645M) vs Director of Lands and deputy curators to represent the unknown owners, filed on the 16th December, 2019, the applicant Philip Caruana respectfully submitted:

That the applicant owns the property that is the premises with number 11, Triq Lorenzo Gafà, Ħaż-Żebbuġ, Malta, formerly a developable piece of land situated in a new road that abuts in Triq Dun Filippo Calleja and which forms part of a Plot number 4 forming part of a field named Ta' Tillu sive Tal-Għarbi in the limits of Ħaż-Żebbuġ, Malta measuring approximately 55.5 square canes including the width of the road in front of the site, bounded on the West with a new projected new road and from the South and from the East with the estate of Grazia Sciberras. This property was acquired by the applicant from Philip Micallef in the records of Notary Doctor Philip Saliba dated 15th September, 1977, copy of which is attached and marked as Doc. A and the relative plan is here attached and marked as Doc. B.

According to this public deed, the said portion of land is subject to the annual and perpetual ground rent and increase in ground rent of Lm5 that is about €11.63.

That from searches which have been carried out the following resulted:

i) That the said portion of land is subject to the original annual and perpetual ground rent of Lm0.03 that is about €0.07, and also the annual and perpetual sub-groundrent of about Lm5 that is €11.63 as shown in the contract in the records of Notary Paul Pullicino dated 6th June, 1976. By means of the same contract the vendor Grazia Sciberras imposed on the buyer Philip Micallef the annual and perpetual sub-groundrent of Lm5 payable every year in advance from the date of the same contract.  A copy of this deed is being here attached and marked as Doc. C.

ii) That previously Grazia Sciberras acquired all the field called Ta' Tillu sive Tal-Għarbi in the limits of Ħaż-Żebbuġ, Malta measuring approximately 1290 square canes as subject to the annual and perpetual ground rent of Lm0.64c2m payable to the Government of Malta, from Rosario Spiteri by means of a contract in the acts of Notary John Spiteri Maempel dated 20th January, 1973.

iii) That, thus, when one considers the portion of land property of the applicant and that is 55.5 square canes from 1290 square canes the relative amount of the annual and perpetual ground rent payable by him to the Government of Malta is that of about Lm0.03 about €0.07 from Lm0.64c2m.

The annual and perpetual groundrent of about Lm0.03 that is about €0.07 is due to the Government of Malta that is to the Director of Lands, whilst the annual and perpetual sub-groundrent of Lm5 that is about €11.63 is due to Grazia Sciberras as indicated inthe contracts Doc. C, but the details of the same Mrs Sciberras are unknown by the applicant and this notwithstanding all attempts which he made to find out such details, and for this reason an application is filed together with this application.

That the applicant wishes to avail himself from the option given to him and this in terms of Article 1501 of Chapter 16 of the Laws of Malta and redeem the groundrent and sub groundent in terms of the same law.

That the ground rent of Lm0.03 that is about €0.07 capitalised with the rate of 5% and this as stipulated in the same Article amounts to €1.40. The applicant is going to deposit also the sum of €0.35 representing the groundrent due fo the last five (5) years and that is for the total of €1.75.

That the sub-groundrent of Lm5 that is about €11.63 capitalised at the rate of 5%, and this as stipulated in the same law, amounts to €232.60. The applicant is depositing also the sum of €58.15 representing the sub-groundrent for the last five years and that is the total amount of €290.75.

Thus the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total amount of €292.50 representing the relative groundrent and sub-groundrent so that this amount may be freely withdrawn by whom has a right to it according to law after leaving the relative receipt.

Applicant: Philip Caruana, 11, Triq Lorenzo Gafà, Ħaż-Żebbuġ, Malta

Notification: 

Director of Lands, Auberge de Baviere, Triq San Sebastjan, Valletta VLT 200

Deputy curators, Law Courts, Valletta

Director Public Registry, Public Registry, Valletta

Land Registry, Casa Bolino, Triq il-Punent, Valletta

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Francesco Depasquale LLM, (IMLI) LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

13 March 2020

Notice 412

412

By a decree given on the 10th March, 2020, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(5) of the Code of Organisation and Civil Procedure (Chapter 12).

That by an application filed by HSBC Bank Malta plc (C 3177) on the 18th of October, 2019, is asking for the withdrawal of €3654.33 by HSBC Bank Malta plc (C 3177) from schedule of deposit number 1817/2019 in the names of:

HSBC Bank Malta plc (C 3177) vs Anthony Galdes (ID 460965M) and Emanuela Galdes (ID 134871M)

The Court ordered the notification of the application with a four (4) days period to reply. 

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

16 March 2020

Notice 413

413

By means of a decree of the 10th March, 2020, in the records of the judicial letter number 678/2020 in the names Mary Rose Zammit vs Roxanne Mangion et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on  the respondent Roxanne Mangion in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To

Roxanne Mangion (ID 508395M) of 14, Gostna, Triq it-Torri, Żurrieq, and Laferla Insurance Agency Limited

By means of this present Mary Rose Zammit (ID 486665M) of Binja Ħarriġiet, Ent. D, Flat 1, Triq il-Ħarriġiet for Triq 15 ta' Settembru 1598, Mqabba, solicits you so that within forty-eight (48) hours you:

1. Come forward for the liquidation and payment of damages she suffered as established from the medical reports which damages are considerable as resulting from an 11% disability suffered by her as a consequence of the accident hereunder mentioned split as to 5% visual disability and as to 6% physical disability and this as it will be proved by means of duly certificates issued if the case may be.

2. Pay the amount of €2783.63 representing the damages caused to her vehicle with registration number JBS 146 and also the amount of €1544.22 or any other sum representing the medical cost which cure is still being administered.

And this as a consequence of the car accident of the 22nd March, 2018, which vehicle was driven by you of the type of Toyota Vitz with registration number BBU 223 that collided with the vehicle of type KIA Piccanto with registration number JBS 146 that at the time of the accident was in the road of the Ħal Kirkop Tunnel in the direction of Valletta and for which road accident you were solely responsible because of your default in abiding with the traffic regulations, lack of skill, negligence and lack of observation of the traffic regulations.

You are further warned that if you fail to abide with the above mentioned, the interpellant will proceed futher against you according to law.

This judicial act is being sent to you for all the effects and purposes of law particularly Chapter 12 and 16 of the Laws of Malta.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

17 March 2020

Notice 414

414

By means of a decree of the 10th March, 2020, in the records of the judicial letter number 678/2020 in the names Mary Rose Zammit vs Roxanne Mangion et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on  the respondent Roxanne Mangion in terms of Article 891(1) u (2) of Chapter 12.

In the First Hall of the Civil Court

To

Roxanne Mangion (ID 508395M) of 14, Gostna, Triq it-Torri, Żurrieq, and Laferla Insurance Agency Limited

By means of this present Mary Rose Zammit (ID 486665M) of Binja Ħarriġiet, Ent. D, Flat 1, Triq il-Ħarriġiet for Triq 15 ta' Settembru 1598, Mqabba, solicits you so that within forty-eight (48) hours you:

1. Come forward for the liquidation and payment of damages she suffered as established from the medical reports which damages are considerable as resulting from a 11% disability suffered by her as a consuequence of the accident hereunder mentioned split as to 5% visual disability and as to 6% physical disability and this as it will be proved by means of duly certificates issued if the case may be.

2. Pay the amount of €2783.63 representing the damages caused to her vehicle with registration number JBS 146 and also the amount of €1544.22 or any other sum representing the medical cost which cure is still being administered.

And this as a consequence of the car accident of the 22nd March, 2018, which vehicle was driven by you of the type of Toyota Vitz with registration number BBU 223 that collided with the vehicle of type KIA Piccanto with registration number JBS 146 that at the time of the accident was in the road of the Ħal Kirkop Tunnel in the direction of Valletta and for which road accident you were solely responsible because of your default in abiding with the traffic regulations, lack of skill, negligence and lack of observation of the traffic regulations.

You are further warned that if you fail to abide with the above mentioned, the interpellant will proceed futher against you according to law.

This judicial act is being sent to you for all the effects and purposes of law particularly Chapter 12 and 16 of the Laws of Malta.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

17 March 2020